Z-99-03-25-9C1 - 3/25/1999THE STATE OF TEXAS *
COUNTY OF WILLIAMSON *
CITY OF ROUND ROCK *
DOC$ 9926846
I, JOANNE LAND, Assistant City Manager /City Secretary of the City of Round
Rock, Texas, do hereby certify that I am the custodian of the public records maintained
by the City and that the above and foregoing is a true and correct copy of Ordinance
No. Z- 99- 03- 25 -9C1 which was passed and adopted by the City Council of the City of
Round Rock, Texas, at two meetings held on the 11th day of March 1999 and the 25th
day of March, 1999 as recorded in the minutes of the City of Round Rock in Book 40.
CERTIFIED by my hand and seal of the City of Round Rock, Texas on this 22nd
NNE LAND, Assistant City Manager/
City Secretary
ORDINANCE NO. Z J - O3 5-- 9c
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 101.301
ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT
609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED
UNIT DEVELOPMENT (PUD) NO. 3 6.
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
zone the property described in Exhibit "A" as Planned Unit
Development (PUD) No. 36, said exhibit being attached hereto and
incorporated herein, and
WHEREAS, the City Council has submitted the requested change
in the Official Zoning Map to the Planning and Zoning Commission
for its recommendation and report, and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested change on the 17th day of
February, 1999, following lawful publication of the notice of said
public hearing, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that the Official Zoning Map be amended so that the zoning
classification of the property described in Exhibit "A" be changed
to PUD No.36, and
WHEREAS, on the 28th day of January, 1999, after proper
notification, the City Council held a public hearing on the
requested amendment, and
E: \flXT\SEPUDS \HICRORD.36 /Cdr
WHEREAS, the City Council determines that the zoning
provided for herein promotes the health, safety, morals and
protects and preserves the general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter
211, Sub - Chapter A., Texas Local Government Code, and Section
11.300, Code of Ordinances (1995 Edition), City of Round Rock,
Texas concerning public notices, hearings, and other procedural
matters has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
That the City Council has hereby determined the Planned Unit
Development (PUD) No.36 meets the following goals and objectives:
(1) The development in PUD No.36 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 36 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 36 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare.
(4) P.U.D. No. 36 will be adequately provisioned by essential
public facilities and services including streets,
parking, drainage, water, wastewater facilities, and
other necessary utilities.
(5) P.U.D. No. 36 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
interfere with their development or use in accordance
with any existing zoning district.
2.
II.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1995 Edition), City of Round Rock, Texas, is
hereby amended so that the zoning classification of the property
described in Exhibit "A ", attached hereto and incorporated herein
shall be, and is hereafter designated as Planned Unit Development
(PUD) No. 36, and that the Mayor is hereby authorized and directed
to enter into the Agreement and Development Plan for PUD No. 36
attached hereto as Exhibit "B ", which agreement shall govern the
development and use of said property.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 1999.
3.
Alternative 2.
READ and APPROVED on first reading this the ' l day of
�'YlAn.cdi
READ, APPROVED and ADOPTED on second reading this the
2J- day of
ATTEST:
G rok
, 1999.
E LAND, City Secretary
, 1999.
�y7r
CHARLES PEPPER, Mayor
City of Round Rock, Texas
4.
' Aug -26 -97 08: 86A
EXH._LT "A" •
JAMES T. WATSON
CONSULTING ENGINEER
9601 CAPITAL. OF T%. HWY. N. SUITE 303
AUSTIN, TEXAS 78759
Photo 34414566
May 12, 1986
FIELD NOTES:
119.997 acres of.land out of the Asa Thomas Survey in Williamson County,
Texas, and being all of that certain tract conveyed to Doyle Nickerson
by deed recorded -in Vol. 526, page 50, Williamson County Deed %cords;
described by metes and bounds.as.follows: _
BEGINNING at the northwest corner of said Nickerson tract;
THENCE with the boundary of said Nickerson tract the following
8 courses:
1) Along the north line of said Nickerson tract, also the south line
of Gattis School Road, S89 °16'E 151.46 ft;
2) Along the north line of said Nickerson tract, also the south line
of Gattis School Road, N89 °58'30 "E 1658.42 ft for corner;
3) 518 °45 ft for corner;
4 570 °58'44 "W 652.53 ft for corner;
5 N2 °12'40 "E 670.54 ft for corner;
6 N86 °44'06 "W 936.0 ft for angle;
7) N86 °28'45 "W 511.33 ft for corner;
8) N17 °56'W 2772.27 ft to the place of BEGINNING, containing 119.997
acres.
Surveyed by: 1W/4 mac/. 7112? i 1p-
James T. Watson, RP529O
AuCV•267 97 08: 56A
RECORDERS MEMORANDUM
All of the text on this page was not
clearly legible for satisfactory recordation.
WATSON SURVEYING
9501 CAPITAL OF TEXAS HWY.
SUITE 303 AUSTIN, TX 78759
348 4566 FAX 346 -8568
The following field notes describe that portion of the Doyle Nickerson
119.997 acre tract that is,at the present date of August 20, 1997, inside
the City Limits of Round Rock, Texas:
18.696 acres of land out of the Asa Thomas Survey in Williamson County, Texar
and being a portion of that tract conveyed to Doyle Nickerson by deed records
in Vol. 526, page 50, Williamson [bunty Deed Records; described metes and
bounds as follows: . -
BEGINNING at the northwest oorner of said Hickerson tract;
THENCE along the north line of said Hickerson tract, 589 151.46 ft ar
N89 ° 58'30 "E 1658.42 ft to northeast corner of said Nickerson tract for corns_
THENCE along the east line of said Nickerson tract, 618 "E 475.36 ft
for corner;
THENCE N89'57'42 11 1817.09 ft to the pest line of said Nickerson tract fog
corner;
THENCE along the west line of said Nickerson tract, B17'56'4 473.08 ft to
the place of BEGINNING, containing 18.696 acres.
Prepared from survey by James T. Watson dated May 12, 1986, of said 119.997 r
By:
Stuart Matson, RPLS 4550
8/20/97
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS AGREEMENT and Development Plan is made and entered by and
between the City of Round Rock, Texas, a Texas municipal
corporation, having its offices at 221 East Main Street, Round
Rock, Texas 78664(hereinafter referred to as the "City "), and DOYLE
HICKERSON (hereinafter referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to zone
101.301 acres of land as a Planned Unit Development ( "PUD "), said
acreage being more particularly described by metes and bounds in
Exhibit "A" attached hereto and made a part hereof (hereinafter
referred to as the "Property "), and
WHEREAS, on February 17, 1999, the Planning and Zoning
Commission recommended approval of the Owner's application for a
PUD, and
WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, said Development Plan stating
in detail all development conditions and requirements within the
PUD,
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in
consideration of the covenants and conditions set forth herein, the
City and the Owner agree as follows:
I.
GENERAL PROVISIONS
1. CONFORMITY TO DEVELOPMENT PLAN
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
2. CHANGES AND MODIFICATIONS
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.12 below are followed.
3. ZONING VIOLATION
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
": \THXT \88PUH8 \HICKPLAN.36 /cdc
EXHIBIT "B"
§ AGREEMENT AND
§ DEVELOPMENT PLAN
§ FOR HICKERSON PUD
NO. 36
5.
Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance as stated in Section
1.601, Code of Ordinances, (1995 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "B ".
5. MISCELLANEOUS PROVISIONS
5.1 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other
and further instruments and undertake such actions as are
or may become necessary or convenient to effectuate the
purposes and intent of this Agreement.
5.2 Severabilitv.
In case any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
5.3 Entire Agreement.
This Agreement constitutes the entire agreement of the
parties and supersedes any prior or contemporaneous oral
or written understandings or representations of the
parties respecting the subject matter hereof.
5.4 Applicable Law.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
5.5 Venue.
All obligations of the parties created hereunder are
performable in Williamson County, Texas and venue for any
action arising hereunder shall be in Williamson County.
5.6 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than
the parties hereto, any rights, benefits, or remedies
under or by reason of this Agreement.
6.
5.7 Duplicate Originals.
This Agreement may be executed in duplicate originals
each of equal dignity.
5.8 Notices.
5.9 Effective Date.
1. DEFINITIONS
2. PROPERTY
3. PURPOSE
Until changed by written notice thereof any notice
required under this Agreement may be given to the
respective parties by certified mail, postage prepaid or
by hand - delivery to the address of the other party shown
below:
OWNER ROUND ROCK
Doyle Hickerson
P. O. Box 789
Round Rock, Texas 78680
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
II.
DEVELOPMENT PLAN
Words and terms used herein shall have their usual force and
meaning, or as defined in the Code of Ordinances (1995
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code ".
This Development Plan ( "Plan ") covers 101.301 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibit "A ",
attached hereto and incorporated herein.
The purpose of this Plan is to insure a Planned Unit
Development ( "PUD ") that 1) is equal to or superior to
development that would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan, 3) does
not have an undue adverse affect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health,
safety and welfare, 4) is adequately provisioned by essential
public facilities and services, and 5) will be developed and
maintained so as to not dominate, by scale and massing of
7.
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
structures, the immediate neighboring properties or interfere
with their development or use in accordance with any existing
zoning district.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning
and subdivision by this Plan. All aspects not
specifically covered by this Plan shall be regulated by
applicable sections in the Code.
4.2 Other Ordinances
5. PERMITTED USES
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
The permitted uses of the Property shall be as (I -2)
Industrial Park, except as modified in Exhibit "C ", attached
hereto and incorporated herein.
6. LOT SIZES
The minimum lot size shall be as modified in Exhibit "C ",
attached hereto.
7. BUILDINGS SETBACKS
Building setbacks shall be as modified in Exhibit "C ",
attached hereto.
S. LANDSCAPING and BUFFERING
Landscaping and buffering shall be as modified in Exhibit "C ",
attached hereto.
9. PARKING
Parking regulations shall be as modified in Exhibit "C ",
attached hereto.
10. SIGN STANDARDS
Sign Standards shall be as modified in Exhibit "C ", attached
hereto.
11. Utilities
Except where approved in writing by the Director of Public
Works, all electrical, telephone and cablevision distribution
and service lines, other than overhead lines three -phase or
larger, shall be placed underground.
S.
12. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
12.1 Minor Changes
12.2 Major Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
12.3 Changes in Writing
13. GENERAL PLAN AMENDED
The Round Rock General Plan is hereby amended to reflect the
provisions of this agreement.
14. BINDING EFFECT
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by the
Director of Planning and the Director of Public Works.
Neither this Agreement or Plan nor any provision hereof
may be waived, modified, amended, discharged, or
terminated except by an instrument in writing signed by
the City and the current Owner.
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
9.
CITY OF POUND ROCK
v 4C. /
By:
Charles •-.er, Mayor
Date: 3 -as- 9`7
HIC ERSON
Date 4- -
Exhibit B
Lienholder's Consent
1. PERMITTED USES:
1.1
c: \TEXT \SEPINS\HICXEXH3. 36 /cdc
EXHIBIT C
DEVELOPMENT STANDARDS
Business Park uses, including, but not limited to,
office, office /warehouse, research and development,
technical schools, light manufacturing and assembly
conducted wholly within a building.
1.2 Business Park secondary uses, including, but not
limited to, caretaker's residence, the sale of
goods produced or assembled on site, or day care
for employee services related to the site.
2. PROHIBITED USES: The following uses are prohibited:
automotive and machinery repair, including oil change
facilities, automotive and machinery painting, automotive
rental and sales, automotive washes, wrecking yards,
sexually oriented businesses, transmission and
communication towers, trucking terminals, truck repair,
bulk distribution centers, mini - warehouses, flea markets,
portable building sales, amusement parks or carnivals,
campgrounds, recreational vehicle parks, outdoor shooting
ranges, kennels, video arcades, bars and taverns, billiard
parlors, tattoo parlors and donation centers.
3. OUTDOOR STORAGE: Any outdoor storage of materials or
equipment and loading docks shall require a visual screen
from abutting properties or city streets. All screening
shall be approved by the Director of Planning prior to
building permit approval.
4. INTERPRETATION OF USE: Final interpretation of uses not
clearly permitted or prohibited shall be determined in
writing by the Director of Planning. A copy of
interpretations shall be provided to the Owner and the City
Building Inspector.
5. BUSINESS PARK DEVELOPMENT STANDARDS
5.1 Densit.: The minimum lot size shall be one (1)
acre.
1 0.
5.2 Building Setbacks:
Building Setbacks shall be as follows:
5.2.1 Front Setback - Fifty (50') feet
5.2.2 Side Setback, Internal - Twenty -five
(25') feet
5.2.3 Side Setback, Street - Fifty (50') feet
5.2.4 Rear Setback - Twenty -five (25') feet,
except for the western boundary line of
the property, which shall be as described
in 5.2.5, below.
5.2.5 Western Boundary Line Setback - One
Hundred and Thirteen (113') feet, which
includes the fifty (50') foot landscape
buffer described in Section 7.4, below,
said 113' setback being described in
Exhibit "D ", attached hereto and
incorporated herein.
5.3 Building Height Requirements
Business Park Use maximum heights shall be as as
described in Exhibit "D ", and as follows:
5.3.1 One Story, but no more than Twenty (20')
feet, for all buildings One Hundred and
Thirteen (113') feet to One Hundred and
Fifty (150') feet from any Single Family
Residential property line.
5.3.2 Two Stories, but no more than Thirty
(30') feet, for all buildings One Hundred
and Fifty (150') feet to Two Hundred
(200') feet from any Single Family
Residential property line.
5.3.3 Three Stories, but no more than Forty -
five (45') feet, for all buildings at
least Two Hundred (200') feet from any
Single Family Residential property line.
11.
6. ,$IGN REGULATIONS:
5.3.4 The height limits prescribed herein shall
not apply to necessary mechanical
appurtenances. Said appurtenances shall
be fully screened from public view.
6.1 All freestanding signs shall be monument signs.
6.2 Freestanding signs shall not exceed six feet in
height.
6.3 Freestanding signs shall not restrict visibility
for traffic entering or leaving the site.
6.4 One freestanding sign shall be permitted for lots
of less than three acres in size. The maximum area
of the sign, defined as the area contained within a
polygon containing the actual lettering and any
logo, shall be fifty square feet. Portions of the
masonry structure on which the sign is located are
not counted as part of the fifty square feet
provided they are not contained within the polygon.
6.5 Additional freestanding monument Signs shall be
permitted for lots of three acres or larger in
accordance with the regulations contained in the
Code.
6.6 Directional signs solely for the purpose of
directing traffic or identifying buildings and
facilities shall be permitted provided they are
restricted to a size required for their function as
determined by the Director of Planning.
7. LANDSCAPING & BUFFERING:
7.1 A landscaped berm shall be provided in all front
yard areas, or, for any parcel abutting Gattis
School Road. The landscaped berm shall be installed
according to the following design standards:
7.1.1 The berm shall be a minimum of three (3')
feet in height, with a maximum slope of
three (3') feet and a minimum slope of
six (6) to one (1), with the berm top no
narrower than five (5') feet. The berm
12.
shall be landscaped to provide a complete
visual screen from any parking, loading
or storage areas. A site plan shall be
approved by the Director of Planning
prior to the issuance of any building
permit. The Director of Planning shall
review the landscaping, elevations and
abutting uses to ensure that the required
visual screen will be provided. One Tree
shall be planted for every thirty (30')
feet of street frontage to allow cluster
planting.
7.2 Trees shall be planted in every street yard, in
accordance with the Code. Said trees shall have a
minimum caliper of two (2 ") inches and a minimum
height of six (6)') feet for softwoods and eight
(8') feet for hardwoods at time of planting. Trees
shall consist of a mixture of hardwoods and
softwoods to provide for both rapidly growing and
slower growing species.
7.3 A minimum of One Hundred (100 %) percent of required
front lawns and side street yards shall be
landscaped, excluding driveways.
7.4 A fifty (50') foot landscape buffer shall be
provided along the western boundary of the
Property, in accordance with the following
standards:
7.4.1 The landscape buffer shall include a
landscape berm with a minimum height of
four (4') feet and a maximum slope of
three (3') feet horizontal for every one
(1') foot of height. The berm shall have
a level top five (5') feet wide. The berm
shall be totally grassed and laid out
within the landscaped buffer in a
serpentine manner.
7.4.2 All planting within the landscaped buffer
shall create a continuous solid screen,
consisting of trees and shrubs. Trees
shall be a combination of hardwoods and
softwoods, deciduous and evergreen. Trees
shall have a minimum caliper of two (2 ")
inches and a minimum height of six (6')
13.
feet for softwoods and eight (8') feet
for hardwoods. The combination of these
trees and shrubs shall be designed to
provide an effective screen during the
winter months. Trees shall be planted no
further apart than the average canopy
size at five (5) tears, depending on the
species of tree, but, in any case, no
further than thirty (30') feet apart. The
Director of Planning shall review the
landscaping, elevations and abutting uses
to insure that the required visual screen
will be provided.
7.4.3 Irrigation shall be provided in all
landscape and buffer areas to insure
maintenance of landscaped areas. Should
landscaping or trees die in the future,
the property owner will be required to
replant in accordance with the approved
landscape plan.
8. PARKING & LOADING REOUIREMENTS:
8.1 Parking and loading shall be provided in accordance
with the current standards set forth in the Code.
8.2 No parking or loading shall be permitted in any
required front yard or street side yard.
9. ;LIGHTING STANDARDS:
All development within the Property shall be restricted to
the following standards:
9.1 Maximum light pole height within One Hundred and
Fifty (150') feet from any Single Family
Residential shall be twenty (20') feet.
9.2 Maximum light pole height on the remainder of the
Property shall be thirty (30') feet.
9.3 All exterior lighting shall be hooded or shielded
so that the light source is not directly visible
from adjacent Single Family Residences. Lighting
levels on the remainder of the Property shall not
exceed light levels typical for standard
residential street lighting.
14.
10. SCREENING FROM DUMPSTERS AND MECHANICAL EOUIPMENT:
All dumpsters and mechanical equipment shall be screened by
either vegetative screening or solid fencing so that they
are not visible from either any street or any Single Family
residence.
15.
50.00'
LANDSCAPE BUFFER
(NO BUILDINGS,PARKING)
RECORDERS MEMORANDUM
MI or parts of the text on this page was not
clearly legible for satin s;; •cry :.,;;xdation.
63.00'
NO BUILDING
(PARKING ALLOWED)
Exhibit D
37.00'
SINGLE —STORY
BUILDINGS ONLY
•
�tT0.00
50.00'
ONE & TIM—STORY
BUILDINGS ONLY
MA)AMUM
HIGHEST ELEVATION
DIFFERENCE = 8'
H I OKERSON PLANNED UNIT DEVELOPMENT
BEYOKI 200'
ONE. pro &
TH —Smm'
BUILDINGS ONLY
SATEOFTEM
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NUMMI Cot*,Teai
Doc! 9926846
! Pages: 21
Date a 04 -26 -1999
Time a 03 :06039 P.M.
Filed & Recorded in
Official Records
of WILLIAMSON County, TX.
NANCY E. RISTER
COUNTY CLERK
Rec. $ 49.00
1Ze*vvrJ )
CITY OF ROUND ROCK
ADMINISTRATION
221 EAST MAIN STREET
ROUND ROCK ' *!'XAS 'RSF,
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF ROUND ROCK, TEXAS ADOPTED IN SECTION
11.305(2), CODE OF ORDINANCES (1995 EDITION), CITY OF
ROUND ROCK, TEXAS, AND MAKING THIS AMENDMENT A PART
OF THE SAID OFFICIAL ZONING MAP, TO WIT: TO ZONE 101.301
ACRES OF LAND OUT OF THE ASA THOMAS SURVEY, ABSTRACT
609, IN ROUND ROCK, WILLIAMSON COUNTY, TEXAS PLANNED
UNIT DEVELOPMENT (PUD) NO. 3 6.
WHEREAS, an application has been made to the City Council of
the City of Round Rock, Texas to amend the Official Zoning Map to
zone the property described in Exhibit "A" as Planned Unit
Development (PUD) No. 36, said exhibit being attached hereto and
incorporated herein, and
WHEREAS, the City Council has submitted the requested change
in the Official Zoning Map to the Planning and Zoning Commission
for its recommendation and report, and
WHEREAS, the Planning and Zoning Commission held a public
hearing concerning the requested change on the 17th day of
February, 1999, following lawful publication of the notice of said
public hearing, and
WHEREAS, after considering the public testimony received at
such hearing, the Planning and Zoning Commission has recommended
that the Official Zoning Map be amended so that the zoning
classification of the property described in Exhibit "A" be changed
to PUD No.36, and
WHEREAS, on the 28th day of January, 1999, after proper
notification, the City Council held a public hearing on the
requested amendment, and
H: \ TEXT \ SERUM \HICCORD.36 /CdC
ORDINANCE NO. Z qq' 0 3 - a5 -- 9c
WHEREAS, the City Council determines that the zoning
provided for herein promotes the health, safety, morals and
protects and preserves the general welfare of the community, and
WHEREAS, each and every requirement set forth in Chapter
211, Sub - Chapter A., Texas Local Government Code, and Section
11.300, Code of Ordinances (1995 Edition), City of Round Rock,
Texas concerning public notices, hearings, and other procedural
matters has been fully complied with, Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
I.
That the City Council has hereby determined the Planned Unit
Development (PUD) No.36 meets the following goals and objectives:
(1) The development in PUD No.36 is equal to or superior to
development that would occur under the standard ordinance
requirements.
(2) P.U.D. No. 36 is in harmony with the general purposes,
goals, objectives and standards of the General Plan.
(3) P.U.D. No. 36 does not have an undue adverse effect upon
adjacent property, the character of the neighborhood,
traffic conditions, parking, utilities or any other
matters affecting the public health, safety and general
welfare.
(4) P.U.D. No. 36 will be adequately provisioned by essential
public facilities and services including streets,
parking, drainage, water, wastewater facilities, and
other necessary utilities.
(5) P.U.D. No. 36 will be constructed, arranged and
maintained so as not to dominate, by scale and massing of
structures, the immediate neighboring properties or
interfere with their development or use in accordance
with any existing zoning district.
2.
H.
That the Official Zoning Map adopted in Section 11.305(2),
Code of Ordinances (1995 Edition), City of Round Rock, Texas, is
hereby amended so that the zoning classification of the property
described in Exhibit "A ", attached hereto and incorporated herein
shall be, and is hereafter designated as Planned Unit Development
(PUD) No. 36, and that the Mayor is hereby authorized and directed
to enter into the Agreement and Development Plan for PUD No. 36
attached hereto as Exhibit "B ", which agreement shall govern the
development and use of said property.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 1999.
3.
Alternative 2.
READ and APPROVED on first reading this the 1 day of
Ma w
, 1999.
READ, APPROVED and ADOPTED on second reading this the
2� -h-
- day of ArCI� , 1999.
ATTEST:
E LAND, City Secretary
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
4.
Aug -26 -97 O8:56A
EXH._tT "A"
JAMES T. WATSON
CONSULTING ENGINEER
0501 CAPITAL OF TX. HWY. N. SUITE 303
AUSTIN, TEXAS 78759
Photo 348 -8568
FIELD NOTES:
May 12, 1986
119.997 acres of. land .out . of the Asa Thomas Survey in Williamson County,
Texas, and being all of that certain tract conveyed to Doyle Nickerson
by deed recorded -in Vol. 526, page 50, Williamson County Deed Idlcords;
described by metes and bounds_ as, follows:._
BEGINNING at the northwest corner of said Nickerson tract;
THENCE with the boundary of said Nickerson tract the following
8 courses:
1) Along the north line of said Nickerson tract, also the south line
of Gattis School Road, S89 °16'E 151.46 ft;
2) Along the north line of said Nickerson tract, also the south line
of Gattis School Road, N89 °58'30 "E 1658.42 ft for corner;
3) 518 °45'40 "F.3356.80 ft for corner;
4 570 °58'44 "W 652.53 ft for corner;
5 N2 °12'40 "E 670.54 ft for corner;
6 N86 °44'06 °W 936.0 ft for angle;
7) N86 °28'45 "W 511.33 ft for corner;
8) N17 °56'W 2772.27 ft to the place of BEGINNING, containing 119.997
acres.
Surveyed byjet .niL4'
James T. Watson, RPS290
p
Auc —267 9 08 56A
WATSON SURVEYING
9501 CAPITAL OF TEXAS HWY.
SUITE 303 AUSTIN, TX 78759
348 -8586 FAX 346 -8568
The following field notes describe that portion of the Doyle Nickerson
119.997 acre tract that is,at the present date of august 20, 1997, inside
the City Limits of Round Rock, Texas:
18.696 acres of land cut of the Asa Thomas Survey in Williamson County, Texas
and being a portion of that tract conveyed to Doyle Nickerson by deed recorded
in Vol. 526, page 50, Williamson Oounty Deed Records; described metes and
bounds as follows: -
BEGINNING at the northwest earner of said Nickerson tract;
THENCE along the north line of said Nickerson tract, 889 ° 16'E 151.46 It and
N89 ° 58'30 "E 1658.42 ft to northeast corner of said Nickerson tract for corner;
THENCE along the east line of said Nickerson tract, 818 ° 45'40 "E 475.36 ft
for corner;
THENCE N99 ° 57'4211 1817.09 ft to the west line of said Hickerson tract for
corner;
THENCE along the west line of said Nickerson tract, N17'56'Y 473.08 ft to
the place of BEGINNING, containing 18.696 acres.
Prepared from survey by James T. Watson dated May 12, 1986, of said 119.997 ac
BY:
Stuart Watson, RPLS 4550
8/20/97
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
2. CHANGES AND MODIFICATIONS
3. ZONING VIOLATION
H: \TEXT \SEPUDS \HICHPLAH.36 /cdc
EXHIBIT "B"
I.
GENERAL PROVISIONS
1. CONFORMITY TO DEVELOPMENT PLAN
§ AGREEMENT AND
DEVELOPMENT PLAN
§ FOR HICKERSON PUD
NO. 36
THIS AGREEMENT and Development Plan is made and entered by and
between the City of Round Rock, Texas, a Texas municipal
corporation, having its offices at 221 East Main Street, Round
Rock, Texas 78664(hereinafter referred to as the "City "), and DOYLE
HICKERSON (hereinafter referred to as the "Owner ").
WHEREAS, the Owner has submitted a request to the City to zone
101.301 acres of land as a Planned Unit Development ( "PUD "), said
acreage being more particularly described by metes and bounds in
Exhibit "A" attached hereto and made a part hereof (hereinafter
referred to as the "Property "), and
WHEREAS, on February 17, 1999, the Planning and Zoning
Commission recommended approval of the Owner's application for a
PUD, and
WHEREAS, pursuant to Chapter 11, Section 11.316(8), Code of
Ordinances (1995 Edition), City of Round Rock, Texas, the Owner has
submitted a Development Plan, attached hereto and incorporated
herein as a part of this Agreement, said Development Plan stating
in detail all development conditions and requirements within the
PUD,
NOW THEREFORE BY THIS AGREEMENT WITNESSETH that, in
consideration of the covenants and conditions set forth herein, the
City and the Owner agree as follows:
That all uses and development within the Property shall
conform to the Development Plan included in Section II herein.
That no changes or modifications will be made to this
Agreement unless all provisions pertaining to changes or
modifications as stated in Section II.12 below are followed.
That the Owner understands that any person, firm, corporation
or other entity violating any conditions or terms of the
5.
Development Plan shall be subject to any and all penalties for
the violation of any zoning ordinance as stated in Section
1.601, Code of Ordinances, (1995 Edition), City of Round Rock,
Texas, as amended.
4. LIENHOLDER CONSENT
That the lienholder of record has consented to this Agreement
and Development Plan, including any and all dedications to the
public. A lienholder consent is attached hereto and
incorporated herein as Exhibit "B ".
5. MISCELLANEOUS PROVISIONS
5.1 Necessary Documents and Actions.
Each party agrees to execute and deliver all such other
and further instruments and undertake such actions as are
or may become necessary or convenient to effectuate the
purposes and intent of this Agreement.
5.2 Severability.
In case any one or more provisions contained herein are
deemed invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not
affect any other provision hereof and in such event, this
Agreement shall be construed as if such invalid, illegal
or unenforceable provision had never been contained
herein.
5.3 Entire Agreement.
This Agreement constitutes the entire agreement of the
parties and supersedes any prior or contemporaneous oral
or written understandings or representations of the
parties respecting the subject matter hereof.
5.4 Applicable Law.
This Agreement shall be construed under and in accordance
with the laws of the State of Texas.
5.5 Venue.
All obligations of the parties created hereunder are
performable in Williamson County, Texas and venue for any
action arising hereunder shall be in Williamson County.
5.6 No Third Party Beneficiaries.
Nothing in this Agreement, express or implied, is
intended to confer upon any person or entity, other than
the parties hereto, any rights, benefits, or remedies
under or by reason of this Agreement.
6.
5.7 Duplicate Originals.
5.8 Notces.
5.9 Effective Date.
1. DEFINITIONS
Words and terms used herein shall have their usual force and
meaning, or as defined in the Code of Ordinances (1995
Edition), City of Round Rock, Texas, hereinafter referred to
as "the Code ".
2. PROPERTY
This Development Plan ( "Plan ") covers 101.301 acres of land,
located within the city limits of Round Rock, Texas, and more
particularly described by metes and bounds in Exhibit "A ",
attached hereto and incorporated herein.
3. PURPOSE
This Agreement may be executed in duplicate originals
each of equal dignity.
Until changed by written notice thereof any notice
required under this Agreement may be given to the
respective parties by certified mail, postage prepaid or
by hand - delivery to the address of the other party shown
below:
OWNER ROUND ROCK
Doyle Hickerson
P. O. Box 789
Round Rock, Texas 78680
II.
DEVELOPMENT PLAN
This Agreement shall be effective from and after the date
of due execution hereof by all parties.
The purpose of this Plan is to insure a Planned Unit
Development ( "PUD ") that 1) is equal to or superior to
development that would occur under the standard ordinance
requirements, 2) is in harmony with the General Plan, 3) does
not have an undue adverse affect upon adjacent property, the
character of the neighborhood, traffic conditions, parking,
utilities or any other matters affecting the public health,
safety and welfare, 4) is adequately provisioned by essential
public facilities and services, and 5) will be developed and
maintained so as to not dominate, by scale and massing of
7.
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Attn: Director of Planning
structures, the immediate neighboring properties or interfere
with their development or use in accordance with any existing
zoning district.
4. APPLICABILITY OF CITY ORDINANCES
4.1 Zoning and Subdivision Ordinances
The Property shall be regulated for purposes of zoning
and subdivision by this Plan. All aspects not
specifically covered by this Plan shall be regulated by
applicable sections in the Code.
4.2 Other Ordinances
5. PERMITTED USES
All other Ordinances within the Code shall apply to the
Property, except where clearly modified by this Plan.
The permitted uses of the Property shall be as (I -2)
Industrial Park, except as modified in Exhibit "C ", attached
hereto and incorporated herein.
6. LOT SIZES
The minimum lot size shall be as modified in Exhibit "C ",
attached hereto.
7. BUILDINGS SETBACKS
Building setbacks shall be as modified in Exhibit "C ",
attached hereto.
8. LANDSCAPING and BUFFERING
Landscaping and buffering shall be as modified in Exhibit "C ",
attached hereto.
9. PARKING
Parking regulations shall be as modified in Exhibit "C ",
attached hereto.
10. SIGN STANDARDS
Sign Standards shall be as modified in Exhibit "C ", attached
hereto.
11. Utilities
Except where approved in writing by the Director of Public
Works, all electrical, telephone and cablevision distribution
and service lines, other than overhead lines three -phase or
larger, shall be placed underground.
8.
12. CHANGES TO AGREEMENT AND DEVELOPMENT PLAN
12.1 Minor Changes
Minor changes to this Agreement or Plan required by
engineering or other circumstances which do not
substantially change this Plan may be approved by the
Director of Planning and the Director of Public Works.
12.2 Manor Changes
Major changes shall be resubmitted following the same
procedure required in the original PUD application.
12.3 Changes in Writing
13. GENERAL PLAN AMENDED
The Round Rock General Plan is hereby amended to reflect the
provisions of this agreement.
14. BINDING EFFECT
Neither this Agreement or Plan nor any provision hereof
may be waived, modified, amended, discharged, or
terminated except by an instrument in writing signed by
the City and the current Owner.
This Agreement and Plan binds and is to the benefit of the
respective heirs, successors and assigns of the Owner.
9.
CITY OF%•OUND ROCK
By:
Charles er, Mayor
Date: 3`a5- 99
HIC ERSON
Date ���
Exhibit B
Lienholder's Consent
1. PERMITTED USES:
1.1
C. \ TEXT \SEPUDS \PICREXH3.36 /cdc
EXHIBIT C
DEVELOPMENT STANDARDS
Business Park uses, including, but not limited to,
office, office /warehouse, research and development,
technical schools, light manufacturing and assembly
conducted wholly within a building.
1.2 Business Park secondary uses, including, but not
limited to, caretaker's residence, the sale of
goods produced or assembled on site, or day care
for employee services related to the site.
2. PROHIBITED USES: The following uses are prohibited:
automotive and machinery repair, including oil change
facilities, automotive and machinery painting, automotive
rental and sales, automotive washes, wrecking yards,
sexually oriented businesses, transmission and
communication towers, trucking terminals, truck repair,
bulk distribution centers, mini - warehouses, flea markets,
portable building sales, amusement parks or carnivals,
campgrounds, recreational vehicle parks, outdoor shooting
ranges, kennels, video arcades, bars and taverns, billiard
parlors, tattoo parlors and donation centers.
3. OUTDOOR STORAGE: Any outdoor storage of materials or
equipment and loading docks shall require a visual screen
from abutting properties or city streets. All screening
shall be approved by the Director of Planning prior to
building permit approval.
4. INTERPRETATION OF USE: Final interpretation of uses not
clearly permitted or prohibited shall be determined in
writing by the Director of Planning. A copy of
interpretations shall be provided to the Owner and the City
Building Inspector.
5. BUSINESS PARK DEVELOPMENT STANDARDS
5.1 Density: The minimum lot size shall be one (1)
acre.
10.
5.2 Building Setbacks:
Building Setbacks shall be as follows:
5.2.1 Front Setback - Fifty (50') feet
5.2.2 Side Setback, Internal - Twenty -five
(25') feet
5.2.3 Side Setback, Street - Fifty (50') feet
5.2.4 Rear Setback - Twenty -five (25') feet,
except for the western boundary line of
the property, which shall be as described
in 5.2.5, below.
5.2.5 Western Boundary Line Setback - One
Hundred and Thirteen (113') feet, which
includes the fifty (50') foot landscape
buffer described in Section 7.4, below,
said 113' setback being described in
Exhibit "D ", attached hereto and
incorporated herein.
5.3 Building Height Requirements
Business Park Use maximum heights shall be as as
described in Exhibit "D ", and as follows:
5.3.1 One Story, but no more than Twenty (20')
feet, for all buildings One Hundred and
Thirteen (113') feet to One Hundred and
Fifty (150') feet from any Single Family
Residential property line.
5.3.2 Two Stories, but no more than Thirty
(30') feet, for all buildings One Hundred
and Fifty (150') feet to Two Hundred
(200') feet from any Single Family
Residential property line.
5.3.3 Three Stories, but no more than Forty -
five (45') feet, for all buildings at
least Two Hundred (200') feet from any
Single Family Residential property line.
11.
6. SIGN REGULATIONS:
5.3.4 The height limits prescribed herein shall
not apply to necessary mechanical
appurtenances. Said appurtenances shall
be fully screened from public view.
6.1 All freestanding signs shall be monument signs.
6.2 Freestanding signs shall not exceed six feet in
height.
6.3 Freestanding signs shall not restrict visibility
for traffic entering or leaving the site.
6.4 One freestanding sign shall be permitted for lots
of less than three acres in size. The maximum area
of the sign, defined as the area contained within a
polygon containing the actual lettering and any
logo, shall be fifty square feet. Portions of the
masonry structure on which the sign is located are
not counted as part of the fifty square feet
provided they are not contained within the polygon.
6.5 Additional freestanding monument signs shall be
permitted for lots of three acres or larger in
accordance with the regulations contained in the
Code.
6.6 Directional signs solely for the purpose of
directing traffic or identifying buildings and
facilities shall be permitted provided they are
restricted to a size required for their function as
determined by the Director of Planning.
7. LANDSCAPING b BUFFERING:
7.1 A landscaped berm shall be provided in all front
yard areas, or, for any parcel abutting Gattis
School Road. The landscaped berm shall be installed
according to the following design standards:
7.1.1 The berm shall be a minimum of three (3')
feet in height, with a maximum slope of
three (3') feet and a minimum slope of
six (6) to one (1), with the berm top no
narrower than five (5') feet. The berm
12.
shall be landscaped to provide a complete
visual screen from any parking, loading
or storage areas. A site plan shall be
approved by the Director of Planning
prior to the issuance of any building
permit. The Director of Planning shall
review the landscaping, elevations and
abutting uses to ensure that the required
visual screen will be provided. One Tree
shall be planted for every thirty (30')
feet of street frontage to allow cluster
planting.
7.2 Trees shall be planted in every street yard, in
accordance with the Code. Said trees shall have a
minimum caliper of two (2 ") inches and a minimum
height of six (6)') feet for softwoods and eight
(8') feet for hardwoods at time of planting. Trees
shall consist of a mixture of hardwoods and
softwoods to provide for both rapidly growing and
slower growing species.
7.3 A minimum of One Hundred (100%) percent of required
front lawns and side street yards shall be
landscaped, excluding driveways.
7.4 A fifty (50') foot landscape buffer shall be
provided along the western boundary of the
Property, in accordance with the following
standards:
7.4.1 The landscape buffer shall include a
landscape berm with a minimum height of
four (4') feet and a maximum slope of
three (3') feet horizontal for every one
(1') foot of height. The berm shall have
a level top five (5') feet wide. The berm
shall be totally grassed and laid out
within the landscaped buffer in a
serpentine manner.
7.4.2 All planting within the landscaped buffer
shall create a continuous solid screen,
consisting of trees and shrubs. Trees
shall be a combination of hardwoods and
softwoods, deciduous and evergreen. Trees
shall have a minimum caliper of two (2 ")
inches and a minimum height of six (6')
13.
feet for softwoods and eight (8') feet
for hardwoods. The combination of these
trees and shrubs shall be designed to
provide an effective screen during the
winter months. Trees shall be planted no
further apart than the average canopy
size at five (5) tears, depending on the
species of tree, but, in any case, no
further than thirty (30') feet apart. The
Director of Planning shall review the
landscaping, elevations and abutting uses
to insure that the required visual screen
will be provided.
7.4.3 Irrigation shall be provided in all
landscape and buffer areas to insure
maintenance of landscaped areas. Should
landscaping or trees die in the future,
the property owner will be required to
replant in accordance with the approved
landscape plan.
8. PARKING & LOADING REQUIREMENTS:
8.1 Parking and loading shall be provided in accordance
with the current standards set forth in the Code.
8.2 No parking or loading shall be permitted in any
required front yard or street side yard.
9. LIGHTING STANDARDS:
All development within the Property shall be restricted to
the following standards:
9.1 Maximum light pole height within One Hundred and
Fifty (150') feet from any Single Family
Residential shall be twenty (20') feet.
9.2 Maximum light pole height on the remainder of the
Property shall be thirty (30') feet.
9.3 All exterior lighting shall be hooded or shielded
so that the light source is not directly visible
from adjacent Single Family Residences. Lighting
levels on the remainder of the Property shall not
exceed light levels typical for standard
residential street lighting.
14.
10. SCREENING FROM DUMPSTERS AND MECHANICAL EOUIPMENT:
All dumpsters and mechanical equipment shall be screened by
either vegetative screening or solid fencing so that they
are not visible from either any street or any Single Family
residence.
15.
50.00'
LANDSCAPE BUFFER
(NO BUILDINGS,PARKING)
63.00'
NO BUILDING
(PARKING ALLOWED)
Exhibit D
37.00'
SINGLE —STORY
BUILDINGS ONLY
50.00'
ONE & TWO —STORY
BUILDINGS ONLY
•
# �t3o.00
MEIN
MA MUM'
HIGHEST ELEVATION
DIFFERENCE = 8'
f- I GKERSON PLANNED UNIT DEVELOPMENT
BEYOND zoo'
ONE. J1V &
THREE—STORY
BUILDINGS ONLY
MIN
Date: March 19, 1999
Subject: City Council Meeting - March 25,1999
Item: 9.C.1. Consider an ordinance adopting original zoning of
District PUD (Planned Unit Development) No. 36 on
101.301 acres of land. (Second Reading) ( Hickerson
Tract) On February 17,1999, the Planning and Zoning
Commission recommended adoption of original PUD
zoning on this tract of land. The first reading of the
ordinance was approved on March 11, 1999. Applicant:
Doyle Hickerson. Staff Resource Person: Joe Vining,
Planning Director.
s
Hickerson Tract
Original Zoning PUD
=Ma Elt*ImilSIIMPEPE
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